Terms and conditions
of sale and use
These terms govern the booking and delivery of the French coaching offered on this site, as well as the use of the site itself.
Last updated : not yet published
Contents
- Purpose and scope
- Details of the provider
- Definitions
- Access to and use of the site
- Description of the services
- Booking and formation of the contract
- Prices, invoicing and payment
- Right of withdrawal
- Archiving and proof of the contract
- The provider’s commitments
- The client’s obligations
- Cancellation, rescheduling and no-shows
- Temporary suspension of the plan
- Term, renewal and termination
- Intellectual property
- Personal data
- Liability
- Force majeure
- Complaints
- Governing law and jurisdiction
- Changes to these terms
- Miscellaneous provisions
- Appendix — Model withdrawal form
Purpose and scope
These general terms and conditions of sale and use (the “Terms”) govern the sale of the French-language coaching services offered by Cléo Schmitt, sole trader (the “Provider”), as well as the use of the frenchwithcleo.com website (the “Site”).
They apply to every booking made through the Site, to the exclusion of any other terms. The Client acknowledges having read and accepted them before confirming a booking.
The Plans offered on the Site are intended for adults acting for purposes outside the scope of a professional activity.
Services for businesses, in France or abroad, cannot be booked through the Site: they are covered by a quotation and separate terms, on request sent to contact@frenchwithcleo.com. The services are not eligible for funding under the French personal training account (CPF).
Details of the provider
The services are provided by Cléo Schmitt, sole trader, registered under SIRET number 835 050 717 00023, with her place of business at 1 rue Fernand et Paul Méchin, 37550 Saint-Avertin, France.
Contact: contact@frenchwithcleo.com.
VAT not applicable, Article 293 B of the French General Tax Code.
Full details appear in the legal notice of the Site.
Definitions
In these Terms, the following words have the meanings set out below:
- “Client”: the individual who books a service.
- “Session”: an individual sixty-minute appointment held by video call.
- “Plan”: a set of Sessions and resources sold for a one-month period.
- “Discovery session”: the free thirty-minute conversation offered before any subscription.
- “Materials”: the documents, videos, vocabulary lists and exercises provided to the Client.
- “Site”: the frenchwithcleo.com website and all of its pages.
Access to and use of the site
The Site is freely accessible. Access and equipment costs remain the responsibility of the user.
The Provider endeavours to keep the Site available at all times but is under no obligation to do so. Access may be interrupted for maintenance, updates or in the event of force majeure.
The Site does not require an account to be created. Booking and payment take place on the Cal.com platform, which is subject to its own terms of use.
Users undertake not to disrupt the operation of the Site or to attempt to access its resources without authorisation.
Description of the services
The Provider offers individual French-language coaching by video call, in the form of two monthly Plans.
The Complete programme, priced at €189 per month, includes four individual sixty-minute Sessions, four personalised materials, four revision videos, video feedback on pronunciation where needed, vocabulary clouds and Quizlet lists, targeted exercises between Sessions and a monthly progress review.
The Intensive plan, priced at €349 per month, includes eight individual sixty-minute Sessions, eight personalised materials, a progress review every two weeks, targeted exercises between Sessions and priority booking of time slots.
A free thirty-minute discovery session is offered with no commitment. It is an opportunity to discuss the Client’s level, goals and difficulties, and to check that the programme is a good fit.
Sessions take place by video call using Google Meet. The connection link is sent to the Client before each Session.
Booking and formation of the contract
Bookings are made from the Site, through the Cal.com platform, by selecting the desired Plan and then an available time slot.
The Client provides the information requested, reads these Terms and confirms the order. The contract is formed when the booking is confirmed and payment is taken.
A confirmation email setting out the service selected, its price and the booked time slot is sent to the Client.
The Provider may decline a booking where the request is clearly unsuited to the coaching offered, where there has been a previous dispute, or where the Client has failed to meet their obligations. In that case, any sums already paid are refunded in full.
Prices, invoicing and payment
Prices are stated in euros and are net of tax: the Provider is covered by the small-business VAT exemption (Article 293 B of the French General Tax Code), so no VAT is charged.
Payment is taken at the time of booking, through Stripe. The Provider does not store any bank details.
An invoice is sent to the Client within one to two days of payment.
The applicable prices are those in force on the day of booking. The Provider may change its prices at any time; any change is notified to the Client at least one month before it takes effect and applies only to later bookings.
In the event of non-payment, the Provider may suspend upcoming Sessions after a formal notice has remained without effect for seven calendar days from its receipt.
Right of withdrawal
Under Article L221-18 of the French Consumer Code, a consumer Client has fourteen days from the conclusion of the contract to withdraw, without giving reasons and without penalty.
To do so, the Client informs the Provider of their decision by an unambiguous statement sent to contact@frenchwithcleo.com. The model withdrawal form appears in the appendix to these Terms.
Where the Client wishes the first Session to take place before the fourteen-day period has expired, they make an express request to that effect when booking. The Client then acknowledges that, should they subsequently withdraw, they will owe an amount proportionate to the services already provided, in accordance with Article L221-25 of the French Consumer Code.
Refunds are made within fourteen days of receipt of the withdrawal request, using the same means of payment as the original transaction.
Archiving and proof of the contract
Under Article L213-1 of the French Consumer Code, contracts concluded electronically for an amount of €120 or more are archived by the Provider for ten years from the conclusion of the contract.
The Provider guarantees the Client access to the archived contract at any time, on request sent to contact@frenchwithcleo.com.
The computerised records kept in the systems of the Provider and its technical providers are regarded as evidence of the communications, orders and payments made between the parties.
The provider’s commitments
The Provider undertakes to prepare each Session, to deliver it with care and to supply the Materials included in the Plan taken out.
The Provider has an obligation of means, not of result. The Client’s progress depends in particular on their own work between Sessions, their consistency and their individual circumstances; no result, level, certification or success in an examination or interview can be guaranteed.
If the Provider is unable to attend, the Session is rescheduled to a date agreed with the Client at no cost. Where no rescheduling is possible, the Session is refunded.
The client’s obligations
The Client undertakes to provide accurate information when booking and to report any change likely to affect the course of the programme.
It is for the Client to have a sufficient internet connection, working equipment and an environment suited to a video call.
The Client is encouraged to complete the work suggested between Sessions. Regular practice determines how effective the coaching will be, without constituting a contractual obligation.
The Client undertakes to behave respectfully. In the event of a serious breach, the Provider may end the programme as set out in article 14.
Cancellation, rescheduling and no-shows
The Client may cancel or move a Session free of charge up to 24 hours before the scheduled time, using the link in their confirmation email.
After that point, the Session may be rescheduled once.
Where the Client does not attend without notice, the Session is treated as payable. If the Client is late, the Session is not extended beyond its original end time.
Sessions not taken by the end of the month in which the Plan’s first Session falls may be carried over for the following two months. They must therefore be taken by the end of the second month of carry-over at the latest.
Temporary suspension of the plan
At the Client’s request, the programme may be suspended temporarily, in particular for holidays, illness or work travel.
The request is sent to contact@frenchwithcleo.com at least 24 hours before the desired date.
The total suspension of a Plan may not exceed three months. During that period, the remaining Sessions are not counted down and the deadline for using them is extended by a period equal to the suspension. No further payment is due in respect of the suspension.
Term, renewal and termination
The Plan is taken out for one month from the first Session.
The Plan does not renew automatically: it ends at its term and must be taken out again for the programme to continue.
A Client who wishes to stop the programme before its term informs the Provider at least 24 hours before the current expiry date, by email to contact@frenchwithcleo.com. Sessions already paid for but not used are dealt with under article 12.
The Client may change Plan when taking out a new one, subject to availability.
The Provider may end the programme without notice or compensation in the event of a serious breach by the Client, in particular persistent non-payment or disrespectful behaviour. Sessions paid for but not used are then refunded on a pro rata basis.
Intellectual property
All Materials provided to the Client, together with the content of the Site, remain the exclusive property of the Provider and are protected by the French Intellectual Property Code.
The Client is granted a strictly personal, non-exclusive right of use over the Materials, solely for the purposes of their own learning and for its duration.
Any reproduction, distribution, publication online, assignment or resale of the Materials, whether free of charge or for payment, is prohibited without prior written authorisation.
Sessions may not be recorded, in sound or vision, by either party without the other’s express agreement.
Personal data
Personal data collected in connection with bookings and the programme is processed in accordance with the General Data Protection Regulation.
The details of this processing, the retention periods and the Client’s rights are set out in the privacy policy of the Site.
Pronunciation feedback may involve audio or video recordings. Such recordings are made only with the Client’s agreement, which may be withdrawn at any time.
Liability
The Provider may be held liable only where fault is established, and solely for direct loss resulting from a failure to perform its obligations.
The Provider cannot be held liable for connection difficulties, malfunctions of the Client’s equipment, or service interruptions affecting the third-party platforms used for booking, payment or video calls.
No guarantee is given as to reaching a given language level, or succeeding in a certification, examination or job interview.
Nothing in these Terms limits the rights a consumer Client derives from mandatory consumer law.
Force majeure
Neither party may be held liable for a failure to perform its obligations resulting from force majeure within the meaning of Article 1218 of the French Civil Code.
Where force majeure prevents Sessions from taking place, those Sessions are not counted down from the Plan. They are rescheduled to a date agreed between the parties, and the validity of the Plan is extended by the duration of the impediment.
If the impediment lasts more than three months from its start, either party may end the contract by email. The Provider then refunds the part of the price corresponding to the Sessions that will not be delivered.
Complaints
Any complaint may be sent to contact@frenchwithcleo.com. The Provider undertakes to reply within fifteen days.
The parties will endeavour to settle any dispute amicably before starting proceedings.
Governing law and jurisdiction
These Terms are governed by French law.
A consumer Client residing in another country retains the benefit of the mandatory protective provisions of the law of their country of residence.
Failing an amicable settlement, the dispute may be brought before the competent court under the ordinary rules. A consumer Client may choose to bring proceedings either where they are domiciled or where the Provider is established.
Changes to these terms
The Provider may amend these Terms at any time. The version that applies is the one in force on the day of booking.
Amended Terms are communicated to the Client before they take effect and apply to ongoing programmes only from the following renewal period.
Miscellaneous provisions
If any provision of these Terms is held to be void or unenforceable, the remaining provisions remain in full force.
The fact that the Provider does not rely on a breach shall not be treated as a waiver of the right to rely on it later.
The Client may not assign the benefit of the contract to a third party without the Provider’s written agreement.
These Terms are written in French. The English translation made available on the Site is provided for information only; in the event of any discrepancy, the French version prevails.
Appendix — Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract, within the fourteen-day period.
To Cléo Schmitt, sole trader, 1 rue Fernand et Paul Méchin, 37550 Saint-Avertin, France, contact email address: contact@frenchwithcleo.com:
- I hereby give notice of my withdrawal from the contract for the provision of the following service:
- Ordered on: ……………
- Consumer’s name: ……………
- Consumer’s address: ……………
- Date: ……………
- Signature (only if this form is notified on paper): ……………
This English version is provided for convenience. In the event of any discrepancy, the French version prevails.
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